Texas Appellate Court Deals Blow to Islamist Lawfare

[On July 1st] , seven Texas-area Muslim organizations filed an appeal of the unanimous ruling of the Texas Second Court of Appeals at Forth Worth, which protected the free speech rights of internet journalists and at the same time dealt a blow to the legal jihad being waged by radical Muslim groups throughout the United States. The Court ruling authored by Justice Terrie Livingston, dismissed the libel lawsuit filed against internet reporter Joe Kaufman by the seven Muslim organizations.

The lawsuit against Kaufman was funded by the Muslim Legal Fund for America. The head of that organization, Khalil Meek, admitted on a Muslim radio show that lawsuits were being filed against Kaufman and others to set an example. Indeed, for the last several years, Muslim groups in the U.S. have engaged in the tactic of filing meritless lawsuits to silence any public discussion of Islamic terrorist threats. This tactic, referred to by some as Islamist Lawfare uses our laws and legal system to silence critics and promote Islamic rule in America.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan provided the lead attorney to represent Kaufman, at no charge. The Law Center attorney, Brandon Bolling, was assisted by Texas attorney Thomas S. Brandon, Jr. who acted as local counsel, and Los Angeles, CA attorneys William Becker, Jr. and Manuel S. Klausner.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “This frivolous lawsuit is an example of the legal jihad being waged by radical Islamic organizations throughout our nation. These lawsuits are aimed at stifling the free speech rights of Americans who dare to expose their agenda. They intentionally file lawsuits to intimidate reporters who seek to expose their agenda. By making it costly to defend against their lawsuits, they hope journalists will refrain from writing about the threat to our nation.”

Kaufman, a full-time investigative reporter, has written extensively on Radical Islamic terrorism in America. He was sued because of his September 28, 2007 article titled “Fanatic Muslim Family Day” published by Front Page Magazine, a major online news website. Kaufman’s article exposed the Islamic Circle of North America (ICNA) and the Islamic Association of Northern Texas (IANT) ties to the radical terrorist group Hamas.

Kaufman’s article called ICNA a radical Muslim organization that has ties to Al-Qaeda and the Muslim Brotherhood. According to Kaufman, ICNA is an umbrella organization for South Asian-oriented mosques and Islamic centers in the United States created as an American arm of the Muslim Brotherhood (MB) of Pakistan.

A 1991 internal memorandum of the Muslim Brotherhood laid out their plan to destroy America from within: “[The Muslim Brotherhood] must understand that their work in America is a kind of grand jihad in eliminating and destroying the Western civilization from within and ‘sabotaging’ its miserable house by their hands and the hands of believers so that it is eliminated and Allah’s religion is made victorious over all other religions.”

According to former FBI agent John Guandolo, who worked several years in the Bureau’s Counter Terrorism Division, every major Muslim organization is controlled by the Muslim Brotherhood.

Significantly, neither ICNA nor IANT, which were mentioned in Kaufman’s article, sued Kaufman. It is speculated that ICNA and IANT were afraid of being subjected to pretrial discovery.

On the other hand, none of the seven plaintiffs that sued Kaufman were even mentioned in his article.

The seven Muslim organizations that sued Kaufman are the Islamic Society of Arlington, Texas, Islamic Center of Irving, DFW Islamic Educational Center, Inc., Dar Elsalam Islamic Center, Al Hedayah Islamic Center, Islamic Association of Tarrant County, and Muslim American Society of Dallas. All are affiliated with CAIR, one of the unindicted co-conspirators in the successful federal prosecution of the Holy Land Foundation.

In what should be welcomed news to internet journalists, the Appellate Court specifically rejected the Plaintiffs’ contention that Kaufman is not a “media defendant.” The Court held that the Texas statute that gives procedural protections to traditional electronic and print media, including the right to a pretrial appeal, also covers internet journalists. Thus, the Texas Statue entitled Kaufman the right to appeal the lower court’s denial of his motion to dismiss the frivolous libel claim before a time-consuming and expensive trial. Most parties have to wait until after a trial before they can appeal an unfavorable lower court ruling.

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